Bail can be granted if the petitioner is a young first-time offender without evidence of flight risk or witness tampering, despite serious allegations against him.

JUDGMENT :

SUMEET GOEL, J.

1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’) for grant of regular bail to the petitioner in case FIR No.377 dated 22.04.2024, registered under Sections 148 , 149, 323, 324, 302, 506 of the Indian Penal Code, 1860 (for short ‘ IPC ’), at Police Station City Yamuna Nagar, District Yamuna Nagar.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:

“Statement of Akash son of Shri Aman Kumar, resident of 1001, Balaji Nagar, Dera Bassi, Police Station Derabassi, District Mohali Punjab age 24 years Mobile No.9781842073. It is stated that I am resident of the above mentioned name and address and I work as a Recovery Agent in AK Associates Company, Zirakpur and my maternal uncle's son Abhishek @ Rishu son of Manoj Kumar, resident of Hanuman Colony Chitta Mandir Yamuna Nagar, District Yamuna Nagar age 24 years also works as a recovery agent with me and lives in a rented room in Zirakpur with his family. Abhishek @ Rishu had a love marriage with Nisha daughter of Jagir Singh, resident of Gadhauli Colony, Yamuna Nagar, about a year ago, due to which the people of Abhishek @ Rishu's in-laws' side had a grudge against each other. On 21.04.2024, Abhishek @ Rishu's maternal uncle's daughter Sonia got married, to attend which I and Abhishek alias Rishu had also come with our families. After the girl's farewell, I, Abhishek @ Rishu and Shashikant S/O Om Shankar Tiwari, resident of Hanuman Colony, Yamuna Nagar, age 24 years, all three were sitting in Abhishek @ Rishu's car number HP81-1919, brand Tata Tiago, in the street outside the house, when at about 10.15 PM, five boys came on two motorcycles with sharp weapons in their hands and attacked all three of us with the intention of killing us. First of all Channa Singh @ Chinu Gujjar and Sachin @ Anupam Gujjar sons of Jagir Singh, residents of Gadhauli Colony, Yamuna Nagar attacked Abhishek @ Rishu, who was sitting on the driver's seat, with knives and swords. First of all Channa Singh @ Chinu Gujjar and Sachin @ Anupam Gujjar sons of Jagir Singh, residents of Gadhauli Colony, Yamuna Nagar attacked Abhishek @ Rishu, who was sitting on the driver's seat, with knives and swords. At the same time, Aryan Sharma, Rahul alias Tinku sons of Jaswinder Sharma, residents of Gadhauli Colony, Yamuna Nagar, attacked me with knives and swords. Their fifth companion Abhishek, a resident near Khalsa College, Yamuna Nagar, attacked Shashikant, who was sitting on the back seat, with a knife and sword and after that, all five attackers attacked us with bricks and stones as well. When we shouted "Mar Diya - Mar Diya", hearing our shout people gathered at the spot and all the attackers fled from the spot with their weapons and they were also threatening to kill us. Our family members admitted us for treatment at Civil Hospital Yamuna Nagar where the doctor referred us due to severe injuries. Thereafter our family members brought us to Gaba Hospital Yamuna Nagar for treatment. During treatment Abhishek @ Rishu above mentioned died due to injuries sustained in the fight. I and Shashikant are admitted for treatment at Gaba Hospital Yamuna Nagar. The attackers Channa Singh @ Chinu Gujjar, Sachin @ Anupam Gujjar, Aryan Sharma, Rahul alias Tinku and Abhishek aforesaid attacked me, Shashikant and Abhishek @ Rishu with knives and guns. Abhishek alias Rishu aforesaid died due to the injuries sustained in this fight. Channa Singh @ Chinu Gujjar's motorcycle number is HR02-AZ-2221 brand Splendor. You are requested to take legal action against Channa Singh @ Chinu Gujjar, Sa